I need some advice, please

[RoyalPurpleVelv]

Read your employee handbook and contract and everything you signed when you first hired on. That will tell you what your rights are and if you signed any of them away. Even if you don't have a case they're still the scum of the earth for doing that.

 

[Cherry]

Awwwwww, Estie ... that stinks!

Let's hope it was a blessing in disguise and you find another job that's soooooo much better!

Good luck, hon.

 

[miles]

STP is right. The only state that does not have employment at will is Montana.

Unless you were fired specifically because you were a member of a protected class, no state or federal laws were broken. The state Department of Labor can only determine if you are eligible for unemployment and nothing else. The Better Business Bureau deals with consumer complaints, not employment. I spent many years in HR and never heard of any company being sued or charged with "wrongful termination." There is no such thing in employment law. Like it or not, an employer can fire any employee for any reason at any time as long as it isn't discriminatory.

My best advice is to remain pissed off at them for a few days, then forget about it. You have nothing to gain by looking for a solution, because there isn't one.

But I still love ya, babydoll!

 

[estevie]

You guys are the best! Thank you for all the support and info! I love you for it!


Miles, I hear what you are saying but there can be nothing done about the way it happened? They followed not one of the procedures for termination that they have outlined in the employee handbook. So, are you telling me that just because the handbooks says one thing that it doesn't really matter and they can just do whatever?

I don't want my job back and I'm not pissed off anymore, I just think people should follow the rules that they made up. Whats the point of an employee handbook with all the policy and procedures if its not going to be followed. Fuckers!

Oh, and I still luvs you too!!

 

[CatEyes]

FLMA laws only apply if you've been employed for 1 year with the company. Otherwise, unless there's a state law that has some form of leave that covers employees with less than 1 year of employment, there's no law that says they can't fire you. You might want to check with your Department of Labor to see what the state laws are. Not many states have employment laws that protect the employees. Unless you live in CA then you might in luck.

 

[estevie]

CatEyes, thanks for your input. I have talked with several people and been to several websites. I still have a friend from here that I need to speak with but I think I'll do nothing about what has happened. Most have told me basically the same thing that STP and Miles did.

Still pisses me off that you can be fired without going thru proper procedure. What the hell are they there for if no one is going to use them? Why did they waste a ream of paper to tell me a bunch of shit about what the company will do in certain situation if they just do whatever they want to do. I don't get it.

 

[Mia62]

Make that call. He is expecting it.

 

[estevie]

Make that call. He is expecting it.

I will. I've been running errands all day and have to leave again shortly. I'll send him pm, I'll call tomorrow morning.

 

[Mia62]

Good girl. Say hi for me.

 

[Zaudika]

I got fired today. And I don't think I should have been. Here's what happened.

Last Wed, I threw my neck out. I did not do this while at work but that morning. By 10am my neck was frozen and I was in tears and heading to doc. Long story short, my neck is not still frozen in the same position it was in Wed, but its not really any better. They sent me for an MRI this morning. So, I've been off work since last Wed. afternoon. I've kept my HR person aware of what was going on. I've got doctors note for each of the days he has wanted me to stay at home.

I get home from MRI and theres a message to call HR. I do and he says he has bad news. I'm fired. They need someone for that position thats going to be there every day. Sorry it didn't work out, please come clean out your desk tomorrow, see ya later bye.

Wtf? Is this legal? If it is, what a shitty fucking thing to do to somebody.

As far as I know that's not legal. It's similar to the situation that got me fired from my last job,.. I've been looking for work since. <sigh> The economy sucks and its been going on for 8 months. BUT.. the bitch of a company that fired me has been paying for every last week that I dont have work.. through unemployment. I'd suggest doing this if you've been there long enough. If you haven't you could consider suing them if you want to put the time into it.
And thank goodness for temp services... they've kept me in work the majority of the time while I've looked.

 

[estevie]

Sorry to hear about your luck too, Zaudika. It sure does suck. The temp thing is a good idea, thanks for mentioning it!

I have applied for unemployment. I still have time left on the last time I was on unemployment. I just got my forms to sign in the mail today.

Everything happens for a reason. I shall survive!

 

[estevie]

Good girl. Say hi for me.

That bastards box is full! Who needs 100 messages saved I ask you? Who???? Bah!




Ya don't think me calling him a bastard will ruin my chances of free legal advice, do ya?

 

[*Eve*]

I have heard of wrongful termination suits, but a lot of times, the plantiffs don't win. Had you been there at least a year you would have fallen under FMLA. It really does vary with a lot of companies, there is a lady at my job who hadn't been there quite a year who has been out for two months now, and she is collecting short term disability. I guess that's one of the up sides of working for a huge corporation, because their HR resources are numerous. Although they may have been within their rights, it does does fishy and you may want to check into that. There is an organization that looks into the ethical practices of businesses and how they treat their employees, and I can't for the life of me think of the acronym right now but it starts with an O, but when I find it I will let you know.